Foulser v HM Inspector of Taxes: SCIT 22 Feb 2005

CAPITAL GAINS TAX – shareholder giving shares in private company to a company held within an insurance bond – whether the former shareholder and the insurance company were connected persons as acting together to secure or exercise control of the donee company with the result that s 167 TCGA 1992 prevents hold-over relief on the gift of shares from applying – yes – appeal dismissed


[2005] UKSPC SPC00462




England and Wales

Cited by:

Appeal FromFoulser and Another v HM Inspector of Taxes ChD 20-Dec-2005
The taxpayer company entered into an arrangement in which shares were purchased by a company based in Ireland and resold. A claim was made for holdover relief.
Held: The scheme failed. The restriction imposed did not infringe the right of . .
At CommissionersFoulser and Another v Macdougall CA 17-Jan-2007
The taxpayers sought relief after giving shares in a company to another company owned by themselves. The taxpayers appealed refusal of hold over relief in respect of chargeable gains.
Held: The holdings in the recipient company made the . .
Lists of cited by and citing cases may be incomplete.

Capital Gains Tax

Updated: 03 July 2022; Ref: scu.229938